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The agreement below was developed by representatives of copyright
owners (authors and publishers). It is not a law, but is widely
used as the measure of "safety" by libraries and educational
institutions because of its conservative approach. If you follow
these guidelines, your use of material will be considered fair
use.
If you need to exceed these guidelines but believe your plan
still qualifies as fair use, we suggest you check with Jefferson's
University Counsel before proceeding. If your planned reproduction
of material does not qualify as fair use, AISR staff will assist
you with payments to the Copyright Clearance
Center or you may request permission
directly from the copyright holder.
Note the key features of these guidelines:
- Limited quantity
- Limited duration (one semester only)
- Limited access (course participants only)
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Guidelines for Classroom Copying
One of the rights accorded to the owner of copyright
is the right to reproduce or to authorize others to reproduce the
work in copies or phonorecords. This right is subject to certain limitations
found in sections 107 through 118 of the copyright act (title 17,
U.S. Code). One of the more important limitations is the doctrine
of “fair use,” defined in section 107.
Section 107 lists the various purposes for which the
reproduction of a particular work may be considered “fair,”
such as criticism, comment, news reporting, teaching, scholarship,
and research. Section 107 also sets out four factors to be considered
in determining whether or not a particular use is fair:
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the purpose and character of the use, including
whether such use is of commercial nature or is for nonprofit educational
purposes;
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the nature of the copyrighted work;
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amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
-
the effect of the use upon the potential market
for or value of the copyrighted work.
The distinction between “fair use” and infringement may
be unclear and not easily defined. There is no specific number of
words, lines, or notes that may safely be taken without permission.
Acknowledging the source of the copyrighted material does not substitute
for obtaining permission.
Copyright protects the particular way an author has expressed
himself; it does not extend to any ideas, systems, or factual information
presented in the work.
The 1961 Report of the Register of Copyrights on the General
Revision of the U.S. Copyright Law cites examples of activities that
courts have regarded as fair use: “quotation of excerpts in a review
or criticism for purposes of illustration or comment; quotation of short
passages in a scholarly or technical work, for illustration or clarification
of the author’s observations; use in a parody of some of the content
of the work parodied; summary of an address or article, with brief quotations,
in a news report; reproduction by a library of a portion of a work to
replace part of a damaged copy; reproduction by a teacher or student
of a small part of a work to illustrate a lesson; reproduction of a
work in legislative or judicial proceedings or reports; incidental and
fortuitous reproduction, in a newsreel or broadcast, of a work located
in the scene of an event being reported.”
The Agreement on Guidelines for Classroom Copying in
Not-For-Profit Educational Institutions with Respect to Books and Periodicals
The purpose of the following guidelines is to state the
minimum and not the maximum standards of educational use under Section
107 of HR. 2233. The parties agree that the conditions determining the
extent of permissible copying for educational purposes may change in
the future; that certain types of copying permitted under these guidelines
may not be permissible in the future; and conversely that in the future
other types of copying not permitted under these guidelines may be permissible
under revised guidelines.
Moreover, the following statement of guidelines is not
intended to limit the types of copying permitted under the standards
of fair use under judicial decision and which are stated in Section
107 of the Copyright Revision Bill. There may be instances in which
copying which does not fall within the guidelines stated below may nonetheless
be permitted under the critria of fair use.
*Guidelines*
I. SINGLE COPYING FOR TEACHERS:
A single copy may be made of any of the following by or for a teacher
at his or her individual request for his or her scholarly research or
use in teaching or preparation to teach a class:
A. A chapter from a book;
B. An article from a periodical or newspaper;
C. A short story, short essay or short poem, whether or not from
a collective work;
D. A chart, graph, diagram, drawing, cartoon or picture from a book,
periodical, or newspaper.
II. MULTIPLE COPIES FOR CLASSROOM USE:
Multiple copies (not to exceed in any event more than one copy per
pupil in a course) may be made by or for the teacher giving the course
for classroom use or discussion; provided that:
A. The copying meets the tests of brevity and spontaneity as defined
below:
B. Meets the cumulative effect test as defined below; and,
C. Each copy includes a notice of copyright.
DEFINITIONS
Brevity:
- Poetry: (a) A complete poem if less than 250 words and if printed
on not more than two pages or (b) from a longer poem, an excerpt of
not more than 250 words.
- Prose: (a) Either a complete article, story or essay of less than
2,500 words, or (b) an excerpt from any prose work of not more than
1,000 words or 10% of the work, whichever is less, but in any event
a minimum of 500 words.
[Each of the numerical limits stated 1 and 2 above may be expanded
to permit the completion of an unfinished line of a poem or unfinished
prose paragraph]
- Illustration: One chart, graph, diagram, drawing, cartoon or picture
per book or per periodical issue.
- " Special" works: Certain works in poetry, prose or in "poetic prose"
which often combine language with illustrations and which are intended
sometimes for children and at other times for a more general audience
fall short of 2,500 words in their entirety. Paragraph 2 above notwithstanding
such "special" works may not be reproduced in their entirety, however,
an excerpt comprising not more than two of the published pages of
such special work and containing not more than 10% of the words found
in the text thereof, may be reproduced.
Spontaneity:
- The copying is at the instance and inspiration of the individual
teacher, and
- The inspiration and decision to use the work and the moment of
its use for maximum teaching effectiveness are so close in time that
it would be unreasonable to exact a timely reply to a request for
permission.
Cumulative Effect:
- The copying of the material is for only one course in the school
in which the copies are made.
- Not more than one short poem, article, story, essay or two excerpts
may be copied from the same author, not more than three from the same
collective work or periodical volume during one class.
- There shall not be more than nine instances of such multiple copying
for one course during one class term.
[The limitations stated in 2 and 3 above shall not apply to current
news periodicals and current news sections of other periodicals.]
III. PROHIBITIONS AS TO I AND II ABOVE:
Notwithstanding any of the above, the following shall be prohibited:
- Copying shall not be used to create or to replace or substitute
for anthologies compilations or collective works. Such replacement
or substitution may occur whether copies of various works or excerpts
therefrom are accumulated or are reproduced and used seperately.
- There shall be no copying of or from works intended to be "consumable"
in the course of study or of teaching. These include workbooks, exercises,
standardized tests and test booklets and answer sheets and like consumable
material.
- Copying shall not:
- substitute for the purchase of books, publisher reprints or
periodicals;
- be directed by high authority;
- be repeated with respect to the same item by the same teacher
from term to term.
- No charge shall be made to the student beyond the actual cost
of the photocopying.
AGREED
March 19, 1976
AD HOC COMMITTEE ON COPYRIGHT LAW REVISION
By Sheldon Elliott Steinbach
AUTHOR-PUBLISHER GROUP
AUTHORS LEAGUE OF AMERICA
By Irwin Karp, Counsel
ASSOCIATION OF AMERICAN PUBLISHERS, INC.
By Alexander C. Hoffman, Chairman Copyright Committee
